Uttaranchal Court April 2005 Judgments
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Parvati Devi and ors. Vs. Geeta Devi and ors.
Court: Uttaranchal
Decided on: Apr-08-2005
Reported in: II(2006)ACC76
J.C.S. Rawat, J.1. This is an appeal against the judgment and award dated 16th October, 1991 passed by the Motor Accident Claims Tribunal, Pithoragarh.2. Briefly stated, the facts giving rise to the present appeal are that the claimants/appellants filed a claim petition before the Motor Accident Claims Tribunal, Pithoragarh for grant of compensation on account of the death of Sri Ram Singh in a motor accident on 30th October, 1989 at about 5.30 p.m. at Lupra on Lohaghat-Pancheshwari Road. The claimants have alleged that at the time of the accident, the deceased was 23 years old. The deceased was on leave from his employment and was going to his home to celebrate 'Deepawali1. It has been stated in the claim petition that the deceased was earning a sum of Rs. 900 per month. The claimants have prayed for the compensation to the extent of Rs. 3,95,200. A First Information Report of the accident was lodged by Sri Mohan Singh.3. The claim was contested by the respondent No. 2 Ganesh Singh an...
Harman Das Sethi and anr. Vs. Haridwar Development Authority
Court: Uttaranchal
Decided on: Apr-08-2005
Reported in: 2005(2)AWC1482(UHC)
Rajesh Tandon, J.1. Present appeal has been filed against the order dated 28.4.2000 passed by the Civil Judge (S.D.), Haridwar in Misc. Case No. 17 of 1999 and 16 of 1999, thereby rejecting the application of the appellant under Order IX, Rule 9, C.P.C.2. Briefly stated the facts giving rise to the present appeal are that the plaintiff appellant filed a Civil Suit being No. 87 of 1993 before the Civil Judge (S.D.), Haridwar for permanent injunction praying that the defendant may be restrained from interfering in the possession of the plaintiff over the land in dispute. Written statement was also filed by the defendant.3. The learned counsel for the appellant has submitted that on 11.11.1998 the case was fixed for evidence and adjournment application was filed by the plaintiff and the case was fixed for 6.2.1999. The plaintiff could not come to the Court on the date fixed as he fell ill on 6.2,1999 and could not recover till 12.2.1999 and the suit was dismissed in default of the plainti...
New India Assurance Co. Ltd. Vs. Smt. Kusumlata and anr.
Court: Uttaranchal
Decided on: Apr-05-2005
Reported in: 2005(2)AWC1378(UHC); (2005)IILLJ1135UC
Rajesh Tandon, J.1. Heard Sri Tanveer Alam Khan, learned counsel for the appellant and Sri R.P. Nautiyal, learned counsel for the respondents.2. This is an appeal against the judgment and award dated 13.10.2004, passed by Workmen Compensation Commissioner, Chamoli in W.C.C. No. 9 of 2002/2003, Smt. Sudesh Kaur v. New India Assurance Company Limited and Anr.3. Briefly stated, Smt. Kusumlata, wife of Basudev Singh, R/o Village Jhirkoti, Patwari Circle-Gauchar, Tehsil-Karanaprayag, district Chamoll filed an application on 4th July, 2003, for grant of compensation with the allegations that on 23rd December, 2002 at about 6-7 p.m. accident had taken place of the jeep, which was being driven by Basudev Singh due to which Basudev Singh died on the spot. At the time of accident, he was aged about 27 years and was getting a salary of Rs. 3,000 per month and a sum of Rs. 50 per day for fooding and lodging. The claimant has claimed a sum of Rs. 8,30,000 as compensation.4. The written statement wa...
Rajendra Prasad Agarwal Alias Inder Vs. Diwakar Agarwal
Court: Uttaranchal
Decided on: Apr-04-2005
Reported in: 2005(2)AWC1472(UHC)
Rajesh Tandon, J.1. Heard Sri Alok Singh, senior advocate, assisted by Sri Gopal Narain, learned counsel for the appellant and Sri Prakash Maulekhi, learned counsel for the respondent.2. By the present appeal, the defendant has challenged the order passed on the application 6C thereby granting the injunction in favour of the plaintiff not to dispossess the plaintiff from the property as shown in Schedule-Ka of the plaint without due process of law.3. Further a direction has been made for depositing the sale proceeds of the lichi orchard of this year in the Court within fifteen days. The defendant being aggrieved against the order filed the present appeal.4. At the time of admission, the notices were issued and a direction was made that both the parties shall maintain status quo.5. The suit was filed by the plain tiff/respondent praying for permanent injunction not to evict the plaintiff by forcible means and further since he is continuing in possession for the last 45 years, he has acq...
Smt. Savitri Devi and ors. Vs. Jot Singh and ors.
Court: Uttaranchal
Decided on: Apr-04-2005
Reported in: 2005(2)AWC1473(UHC)
Rajesh Tandon, J.1. Heard Sri Lokendra Dobhal, learned counsel for the appellant and Sri Pankaj Purohit and Sri Rajendra Dobhal assisted by Sri D.C.S. Rawat, learned counsel for the respondents.2. By the present appeal, the appellant has prayed for enhancement of the award dated 2nd September, 1993, by which the claim petition has been allowed to the extent of award of Rs. 1,50,000 with interest (c) 12%.3. Briefly stated, on 24.1.1991 at about 2.30 p.m., the deceased Deepak Singh was returning home on his Luna Moped near Karjan Road Chauraha at Rajpur road from Raja Bazar. Near Karjan Road, a Truck bearing No. U.R.M.-3406, which was coming towards the Rissana River, took a wrong side and due to rash and negligent driving, it hit the Luna. As a result of this, the deceased got severely injured and his Moped got damaged.4. The deceased Deepak was admitted to the Hospital, where during the treatment, he ultimately died.5. The report of the aforesaid incident was lodged at P.S. Dalanvala b...
Rajpal Singh Vs. State of Uttaranchal and ors.
Court: Uttaranchal
Decided on: Apr-04-2005
Reported in: III(2006)BC19
B.C. Kandpal, J.1. The present revision has been preferred against the judgment and order dated 17.8.2004 passed by the Sessions Judge, Udham Singh Nagar in criminal revision No. 11/2004 by which the learned Sessions Judge, set aside the order dated 9.2.2004 passed by the Chief Judicial Magistrate, Udham Singh Nagar and allowed the revision.2. The brief facts of the case giving rise to the present revision arc that one Kishan Lal (respondent No. 4 in this revision) filed a complaint against the present revisionist Rajpal Singh under Section 138, Negotiable Instruments Act stating therein that Rajpal Singh took an amount of Rs. 1,57,6507- as loan. Thereafter when Rajpal Singh issued three cheques pertaining to U.K. Bank to the complainant then the same cheques returned to the complainant from the Bank after being dishonoured.3. Complainant thereafter issued notice to Rajpal Singh but Rajpal Singh refused to accept notice, hence the complaint. The Court summoned the accused Rajpal Singh ...
Smt. Ramesh Rani and ors. Vs. Shantanu Das and anr.
Court: Uttaranchal
Decided on: Apr-04-2005
Reported in: 2005(4)AWC3112(UHC)
Rajesh Tandon, J.1. Heard Prabhat Pandey, learned Counsel for the appellant and Sri D. S. Patni, learned Counsel for the respondents.2. This is an appeal arising out: of the judgment and order dated 19.9.2000 passed by Motor Accident Claims Tribunal, district Udham Singh Nagar/Addl. District Judge in Motor Accident Claim Petition No. 9 of 1999, Smt. Ramesh Rani v. Shantanu Das and Anr.3. Brief facts of the case are that on 11.6.1998 at about 8 p.m. Sri Vinod Kumar Khera was going on his Motor Cycle towards Rudrapur. A Matador bearing No. D.A.C.-9509 which was coming from Rudrapur and was being driven rashly and negligently hit the motor cycle of the deceased due to which he fell down, Mr. Vijay Papneja was present at the spot, he tried to stop the aforesaic Matador, but the driver of Matador fled away. Vinod Kumar sustained fatal injuries and he succumbed to injuries at the spot.4. At the time of the accident, the deceased was earning a sum of Rs. 11,000 (eleven thousand) per month. He...
Vinod Kumar Vs. Union Bank of India and anr.
Court: Uttaranchal
Decided on: Apr-01-2005
Reported in: 2005(2)AWC1380(UHC)
Rajesh Tandon, J.1. Heard Sri Mohan Chand Pande, learned counsel for the appellant and Sri B.S. Khanka, learned counsel for the respondents.2. By the present appeal, the appellant has challenged the order dated 30.9.2004 by which the application 6C was rejected.3. Briefly stated, the suit was filed by the plaintiff/appellant for a decree of declaration and perpetual injunction prayer to the following effect :(a) That an order and a decree of declaration may be passed in favour of the plaintiff and against the defendants that the loan in question is a commercial loan.(b) That an order and a decree of perpetual injunction may be passed in favour of the plaintiff and against the defendants, their officers, employees, agents, assignees etc. that they be restrained from initiating any proceeding in respect of the loan in question against the plaintiff under the U. P. Agricultural Credit Act.(c) That the cost of litigation be awarded to the plaintiff.(d) That any other relief that the Hon'bl...
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